Smith v. Diagnostics and Evaluation Center et al

Filing 56

ORDER - The defendants' Motion for Leave to Depose Plaintiff (Filing No. 55 ) is granted. The court will hold a telephone planning conference on May 15, 2015, at 11:00 a.m. The defendants' counsel shall contact the plaintiff's institution in advance and arrange to initiate and place the conference call. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID SMITH,
Plaintiff,

4:13CV3041

vs.
ORDER
SARGENT TURNER, in their Individual
capacities; CORPORAL BELL, in their
Individual capacities; and DIANE
SABATKA-RINE, Warden (N.S.P.),
Defendants.
This matter is before the court on the defendants’ Motion for Leave to Depose
Plaintiff (Filing No. 55). The defendants seek leave for the deposition pursuant to Fed.
R. Civ. P. 30(a)(2)(B) because the plaintiff is incarcerated at the Nebraska State
Penitentiary. The defendants state the plaintiff’s deposition would provide testimony
critical to ongoing discovery and the ultimate resolution of the lawsuit. The plaintiff did
not oppose the motion.

Under the circumstances, it appears such deposition is

consistent with Fed. R. Civ. P. 26(b)(2).
In light of the deposition and recent denial of motions for summary judgment, the
August 27, 2014, progression order (Filing No. 34) is vacated.

The previously

scheduled pretrial conference will be a telephone planning conference. The trial will be
rescheduled. Upon consideration,

IT IS ORDERED:
1.

The defendants’ Motion for Leave to Depose Plaintiff (Filing No. 55) is

granted.
2.

The court will hold a telephone planning conference on May 15, 2015, at

11:00 a.m. The defendants’ counsel shall contact the plaintiff’s institution in advance
and arrange to initiate and place the conference call.
Dated this 12th day of May, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge